David Clary v. City of Cape Girardeau, Missouri and Matthew Peters
Update: February 29, 2016
The United States District Court for the Eastern District of Missouri issued a permanent injunction that prohibits the city from enforcing its unconstitutional “noise” ordinance. A trial will be held to determine the damages resulting from Mr. Clary’s 2013 arrest under the unconstitutional ordinance.
Date Filed: September 5, 2014
After receiving a citation for making a prohibited turn, Clary used strong language to express his displeasure to Officer Peters. Officer Peters retaliated by arresting Clary on August 30, 2014 because of the content of his speech.
Clary is seeking:
- A declaration that § 17-157 of the City of Cape Girardeau Code of Ordinances is unconstitutional on its face
- A declaration that the application of § 17-157 of the City of Cape Girardeau Code of Ordinances to Plaintiff’s conduct was unconstitutional
- An injunction requiring Defendant City to develop and implement adequate training programs for its police officers about rights under the First and Fourteenth Amendments
- nominal damages
- costs
- attorneys' fees